THE medical condition of a driver whose coal lorry ploughed into the side of a house and killed a woman inside is to be investigated at an official inquiry next year.

George Marshall, 53, was originally charged with dangerous driving over the accident in Ayrshire on February 14, 2013.

The case predates the incident in which a Glasgow City Council bin lorry being driven by Harry Clarke careered into pedestrians after he took ill at the wheel, killing six people in December 2014.

The Crown Office took the decision not to prosecute Mr Marshall after studying his medical background, as they did in the case of Mr Clarke.

Cathie Bonner, 55, was in her home in Fairlie, North Ayrshire, when Mr Marshall’s lorry ploughed through the gable wall of her house.

The accident also seriously injured her partner, Jim McColl, also 55, and caused extensive damage to their property.

Months later, police revealed 53-year-old Mr Marshall had been charged with causing death by dangerous driving. However, he was never prosecuted.
Lord Advocate Frank Mullholland, QC, confirmed that after taking consideration of all the medical evidence available, the Crown had taken a decision there would be “no further criminal proceedings at this time in relation to George Marshall”.

Now the Crown Office has announced a Fatal Accident Inquiry (FAI) is to be held into the tragedy.

Although a preliminary hearing has been scheduled for next month, the inquiry will not properly get under way until January. By then almost four years will have elapsed since the crash.

Members of the local community council are angry they have been told by the procurator fiscal their road safety concerns will not be raised by the Crown in the hearings.

One member, David Telford, said there were concerns the coal lorry should never have been on the road in the first place.

He said the route it was taking to the Hunterston terminal nearby was not permitted under planning permission restrictions. However, the community council has been told by the Scottish Fatalities Investigation Unit the Crown “do not intend to explore the issue” at the inquiry. Instead, they have been told the focus of the FAI will be on Mr Marshall’s medical history.

Mr Telford, 67, said: “It is obvious the Crown and the court are keen to have this particular inquiry done and dusted with the absolute minimum of fuss, evidence and publicity.

“We are very disappointed our very serious concerns over the route taken by this lorry will not even be addressed by the Crown Office. As for the decision not to prosecute the driver, we simply can’t understand it. But then, no-one could understand the Crown Office decision not to prosecute the driver of the Glasgow bin lorry, either.”

A Crown Office spokesman said it was not possible to confirm Mr Marshall’s medical background would be the focus of the FAI as it has yet to take place.
The Crown Office decided not to prosecute Mr Clarke, who lied over his medical history before the accident involving his bin lorry in Queen Street. Bereaved families expect to hear next month if they are able to bring a private prosecution against him.